Applying for the company and serving as the company's shareholders, legal representatives, directors and supervisors must bear legal responsibility and risks
9 college students in Jiangsu registered 300 companies involved in fraud
"My child has been taken away by the police for almost a month, and he hasn't returned yet..." Ms. Han from Nanjing was anxious.
On June 18, Ms. Han's son Liu Zheng (pseudonym) was taken away by Henan Yuanyang County Police. Two days later, Yuanyang County Public Security Bureau detained Liu Zheng on suspicion of fraud and subsequently served a notice of criminal detention to his family.
A few days ago, nine college students from multiple vocational colleges in Nanjing were criminally detained by Henan police for alleged fraud. From May to August of last year, a number of college students, including these nine, went to the Jiangbei New District Administrative Examination and Approval Bureau of Nanjing City to register more than 300 companies.
After investigation, after the business license, official seal and other company requirements were taken away by the organizer, these registered companies were involved in "gray industries" and were used to engage in fraud and other illegal and criminal activities, involving huge amounts of money.
On July 10, the police of Yuanyang County Public Security Bureau in Henan Province stated that the case had set up a special task force and was investigating, so it was inconvenient to disclose more information.
Registered companies get paid to be involved in fraud
On April 30, Ms. Han received a notice from her school, Nanjing Traffic Technician College: all students who loaned identity information from the school’s surname Jin to their registered company may be involved in fraud cases.
After repeated inquiries, Ms. Han learned that during the summer vacation last year, her son had a special "work experience"-lending his ID card to his classmate Jin to start a company and received a remuneration of 1,000 yuan.
Subsequently, they called the Nanjing police, and with the assistance of the civilian police, they contacted the Nanjing Jiangbei New District Administrative Approval Bureau to request that the company registered with their children be closed. The Administrative Approval Bureau of Jiangbei New District requested to submit the number on the business license, and the business license has already been taken away by Jin Mou, and the company failed to cancel it.
Ms. Han told reporters from China Youth Daily and China Youth Daily that her children, like most students involved, were blinded by Jin’s rhetoric.
Ms. Han said that the Henan police detained the students involved in the province because the principal of the fraud case was arrested in Henan. Several companies registered with the students involved had illegal capital inflows.
The reporter from China Youth Daily and China Youth Daily learned from the parents of the students that the nine students detained in criminal detention were from higher vocational colleges such as Nanjing Traffic Technician College, Nanjing Technician College and Jiangsu Shipping Vocational Technical College. Most of them, together with Jin Mou, a student of Nanjing Transportation Technician College, went to Nanjing Jiangbei New District Administrative Examination and Approval Bureau for business registration in the summer last year.
Teacher Li, the class teacher of the students involved in the Nanjing Institute of Transportation Technicians, said: "We have already interviewed. I don't know anything about it now. I don't know anything now. I suggest you ask the police."
A staff member of the Propaganda Department of Nanjing Technician Institute said, "Today leaders are not here, it is not convenient to answer questions, and it is not convenient to disclose this matter."
The Academic Work Office of Jiangsu Shipping Vocational and Technical College responded that “we understand that among the college students detained by the Henan police across the province, there are students from this school. If you have an interview, please contact the Propaganda Department”. But the phone of the school's publicity department has been unanswered.
The student involved was informed of the risks but refused to communicate
The so-called "leader" Jinmou is a student at Nanjing Institute of Transportation Technicians. Many parents of students confirmed that Kim gave related students a "benefit fee", asked the other party to register the company, and took away the company's business license and official seal.
A reporter from the China Youth Daily and China Youth Network found that the relationship between Jin and several companies involved in the students was very complicated. There were 6 companies in which Jin directly held senior executive positions such as shareholders and supervisors. Some students are shareholders and legal persons, and the registered addresses of enterprises are also highly consistent. The company types are concentrated in the fields of network technology, logistics, human resources, etc.
Among them, Nanjing Anxiangyingxiu Network Technology Co., Ltd. and other more than 10 involved companies have the same registered address, which are "Room 515, Building 2, Xinghuo Venture Building, No. 20 Xinghuo Road, Jiangbei New District, Nanjing City."
A reporter from the China Youth Daily and China Youth Daily visited the site and found that there were no rooms 515 in the 2 building of the building, and the company was suspected of false registration.
According to Mr. Yang, who knew Mr. Jin, one day last year, Mr. Jin borrowed his ID card from Mr. Yang, but did not specify the specific purpose. Concerned about the risk of privacy leakage, Mr. Yang rejected the other party. "I also learned the things he did recently by watching the news. I hope he can correct them as soon as possible and return to a normal life."
Relevant personnel of the Administrative Approval Bureau of Nanjing Jiangbei New District said in an interview that last September, they had been aware of the situation and initially found out that there were nearly 300 suspected falsely registered enterprises. However, in accordance with the relevant administrative regulations, under the premise of complete procedures, they must also register these students for business registration. To this end, the approval bureau sent a letter to some units in the new area to warn.
The letter showed that they had communicated with these students, repeatedly confirmed whether the behavior of the applicant company was due to their own wishes, and informed the legal responsibilities and risks that will be assumed by the company’s shareholders, legal representatives, and directors and supervisors, but the other party "has clearly stated Knowing the situation, they also agreed to handle the company registration business and refused to communicate too much with the staff."
Up to now, the bureau has received visits from 3 parents of students, and the reports are basically the same: the child learned the news that "you can make money by running a company" in a part-time group, and you can start from There is a benefit fee ranging from 300 yuan to 500 yuan, but after successful processing, the "introducer" will also take away all business licenses and official seals, the specific purpose is unknown, and promises to cancel the registration after 3 months. After investigation, 3 students have registered a total of 47 companies, of which the largest one reached 32.
Lawyers say that lending identity information is extremely risky
According to the relevant person in charge of the Yuanyang County Public Security Bureau in Henan Province, a special task force has been established in the case and is under investigation, it is not convenient to disclose more information. Within 30 days from the day of detention, the police will transfer the case to the procuratorate.
Attorney Fan Guomin of Jiangsu Nuofa Law Firm pointed out that the current fraud crimes are rampant, and the state's punishment and crackdown on fraud crimes are also increasing. As far as this case is concerned, whether the student involved constitutes a crime of fraud, the following points need to be clarified: In terms of objective behavior, whether the crime of fraud is established mainly investigates whether the criminal actually participated in the implementation of the fraud. If the company is mainly engaged in fraudulent activities after registration, it also depends on whether it is involved in the actual operation of the company. Subjectively and deliberately, whether students know that the company will commit fraud before registering is also the key to convicting fraud.
Fan Guomin said that from the information disclosed in relevant reports, if the undergraduates involved in the case were only registered as legal representatives, shareholders or executives of the company, they had never objectively participated in the operation of the company and were only nominal managers. I don’t know the fact that the company is being used for crime. If there is no objective behavior and subjective intention committed by the crime of fraud, it does not constitute a crime.
Fan Guomin further pointed out that in this case, the first thing the students and parents involved in the case can do is to cancel the registration of the relevant enterprise to prevent the enterprise from continuing to be used for illegal and criminal activities during this period, and at the same time actively cooperate with the police to find out the facts. To fully understand the importance of personally identifiable information, do not sell or lend personally identifiable information, otherwise it will bear adverse consequences.
Article 280 of the Criminal Law stipulates: Forgery, alteration, sale or theft, robbing, destruction of official documents, certificates, and seals of state organs shall be punished with imprisonment of not more than three years, detention, control or deprivation of political rights, and fines; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall be fined.
Zhou Hao, a lawyer at Beijing Weiheng Law Firm, believes that the determination of the crime of buying and selling official documents, certificates, and seals of state organs emphasizes the buying and selling behavior, and requires the perpetrator to conduct transactions for the purpose of selling. If these students sell the company's business license after registering the company, they will be suspected of constituting this crime. Business licenses may not be sold privately, and even if they do not constitute a crime, they will be subject to corresponding administrative penalties, such as fines.
"The key to this case is whether the students involved buy or sell their company's official seal and business license." Zhou Hao said that if the students involved are unaware of the criminals' behavior and the remuneration received is only the labor costs of starting the company, then their behavior will be If it cannot be determined as buying and selling state official documents, it does not constitute the crime of forging, altering, or buying and selling state official documents, certificates, or seals. If the remuneration earned by the undergraduates involved is the profit obtained by reselling the business license, official seal, etc. of the company in which the company was established, it is suspected of a criminal offence.
Zhou Hao believes that the case is still in the stage of just being filed with a criminal. There is still a long time from criminal filing to criminal trial, and finally to conviction and sentencing. In the end, whether these college students are subject to criminal punishment depends on how the court determines.
"So many college students lend their IDs so rashly, and leave their licenses and official seals handed over to others after registering the company, which shows that there is still a lack of legal education in colleges and universities." Zhang Liang, Research Center for Criminal Defense, China University of Political Science and Law Say.
Zhang Liang suggested that colleges and universities not only strengthen the cultivation of “right awareness”, “duty awareness” and “responsibility awareness” of all college students by setting up compulsory legal courses and general elective courses. Days, National Law Propaganda Day and other festivals are used as opportunities to guide students to effectively improve their legal literacy in their in-depth participation in the learning and application of legal knowledge.
China Youth Daily · China Youth Daily reporter Li Chao intern Zuo Zhiyue Source: China Youth Daily